MATTER OF GOMEZ v. NEW YORK CITY DEPARTMENT OF EDUCATION


50 A.D.3d 583 (2008)

856 N.Y.S.2d 603

In the Matter of FRANCIA GOMEZ, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 29, 2008.


On April 26, 2006, when petitioner, a school bus driver since 1998 with a previously unblemished employment record, reported for work, she was notified that she had been randomly selected to appear at a Queens laboratory for a drug test and that her failure to submit to such test on that date might result in her decertification. It is undisputed that, instead of going to the laboratory, petitioner kept a previously scheduled appointment

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